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27 Jun 2017 by Ludwig Boltzmann

First complaint before the Committee on Economic Social and Cultural Rights (CESCR)

The case in question concerned a person who had purchased a house taking a mortgage loan from a bank in 2007. Due to her failure to make several payments, the lending institution called in the full amount of the loan and initiated a special mortgage enforcement procedure in a trial court in Madrid. Due to deficiencies in the notification procedure, the victim only became aware of the existence of the proceedings several months later, when the court’s agent served notice of the auction of her property.

The Committee’s Decision requested Spain to provide the victim with an effective remedy and to ensure that its legislation that regulates foreclosure mortgage proceedings and its application comply with the obligations of the International Covenant on Economic, Social and Cultural Rights.

In 2008, States adopted an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which, among other things, created a remedy allowing individuals to bring a complain before the respective monitoring body (the Committee on Economic Social and Cultural Rights). The adoption and entry into force in 2013 of this instrument was a crucial hallmark of the struggle for the progressive development of international human rights law and the remedies available for human rights infringement in the economic and social arena.

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